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Bike Park Ireland closed this weekend

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  • 16-05-2019 8:19pm
    #1
    Registered Users Posts: 4,160 ✭✭✭


    Country is a joke. Introduce sugar tax in a poor attempt to tackle childhood obesity, while at the same time allowing business insurance to run riot to the point where businesses that actually encourage getting out and being healthy, are being forced to close the doors due to not being able to get the necessary cover.

    https://www.facebook.com/652672661459110/posts/2327280183998341/

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Comments

  • Registered Users Posts: 2,598 ✭✭✭rizzodun


    The indemnity laws in Ireland are ridiculous, they’re the main reason that adventure and outdoor tourism in Ireland is stifled, and have a lot to do with why advancing mountain biking in Ireland is years behind other countries too. Why can’t dumb people be held accountable themselves for doing dumb **** and be done with it.


  • Registered Users Posts: 380 ✭✭covey123


    Ahh ffs


  • Registered Users Posts: 2,598 ✭✭✭rizzodun


    A model like New Zealand could work, if the political will was there.

    https://adventure.howstuffworks.com/new-zealand-became-home-extreme-sports.htm


  • Registered Users Posts: 7,040 ✭✭✭prunudo


    Thats bad form, hope they get sorted soon.
    Does the disclaimer you sign at the start not reduce the risk to the insurance underwriters?


  • Registered Users Posts: 10,148 ✭✭✭✭Hurrache


    rizzodun wrote: »
    The indemnity laws in Ireland are ridiculous, they’re the main reason that adventure and outdoor tourism in Ireland is stifled, and have a lot to do with why advancing mountain biking in Ireland is years behind other countries too. Why can’t dumb people be held accountable themselves for doing dumb **** and be done with it.

    Judges, blame lands squarely at judges feet and their ridiculous payouts.

    Rathbeggan Lakes, where our local scout troup was to go for a weekend stay has closed for the same reason, and Boyne Valley Activities is in the same position having to consider closing.

    Bike park employ a lot of locals in the cafe too.
    jvan wrote: »
    Thats bad form, hope they get sorted soon.
    Does the disclaimer you sign at the start not reduce the risk to the insurance underwriters?

    Doesn't make a difference, premiums are raising even if you never claimed.


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  • Registered Users Posts: 28,805 ✭✭✭✭Wanderer78


    This insurance stuff is getting worrying, must be scary running a place like bike park


  • Registered Users Posts: 2,170 ✭✭✭xxyyzz


    Hurrache wrote: »
    Judges, blame lands squarely at judges feet and their ridiculous payouts.

    Rathbeggan Lakes, where our local scout troup was to go for a weekend stay has closed for the same reason, and Boyne Valley Activities is in the same position having to consider closing.

    Bike park employ a lot of locals in the cafe too.



    Doesn't make a difference, premiums are raising even if you never claimed.

    BPI couldn't even get a quote. Brexit is a big part of this, no Irish insurance will cover any operator in the Irish adventure tourism industry so in the last few years they have had to get quotes from English companies, however with the uncertainties over Brexit the English companies don't want to know about the Irish market this year. It'll be squeaky bum time for the gap also unfortunately.


  • Registered Users Posts: 28,805 ✭✭✭✭Wanderer78


    xxyyzz wrote:
    BPI couldn't even get a quote. Brexit is a big part of this, no Irish insurance will cover any operator in the Irish adventure tourism industry so in the last few years they have had to get quotes from English companies, however with the uncertainties over Brexit the English companies don't want to know about the Irish market this year. It'll be squeaky bum time for the gap also unfortunately.


    Jesus that's very worrying for park owners


  • Registered Users Posts: 3,205 ✭✭✭cruizer101


    Wanderer78 wrote: »
    This insurance stuff is getting worrying, must be scary running a place like bike park

    It really is, it seems to have reached a point where it isn't just annoying and expensive, it is now prohibitive and leading to business closures, which is a very worrying trend.

    I was only reading about Boyne Valley Adventure centre having to close this morning.
    There is also a lot of creches saying their insurance is getting to high and some are potentially having to look at closing.

    The Government really needs to start looking into this before it is too late, already late enough.


  • Registered Users Posts: 28,805 ✭✭✭✭Wanderer78


    cruizer101 wrote:
    The Government really needs to start looking into this before it is too late, already late enough.


    Interesting discussion on this weeks Irish times inside business podcast with conor faughnan about insurance, well worth a listen, I fear serious trouble ahead for many business owners


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  • Registered Users Posts: 380 ✭✭covey123


    The root problem is there is a system in place that supports the Compo Culture,individuals have an opportunity for financial gain out of any incident that may involve personal injury, physical or even emotional!
    Even though it may be down to their own negligence or stupidity, recently heard of two claims against a shop that were both down to the claimants being at fault,there was still a payout of almost 45k between the two cases.

    Its pretty much a case of "oh you hurt yourself?do you want some money?you may as well sure,its available to you,you would be a fool not to take some free cash"

    Now there is an opportunity thats hard to turn your back on....


  • Registered Users Posts: 2,598 ✭✭✭rizzodun


    Hurrache wrote: »
    Judges, blame lands squarely at judges feet and their ridiculous payouts.

    Rathbeggan Lakes, where our local scout troup was to go for a weekend stay has closed for the same reason, and Boyne Valley Activities is in the same position having to consider closing.

    Bike park employ a lot of locals in the cafe too.



    Doesn't make a difference, premiums are raising even if you never claimed.

    Judges cannot award stupid sums if legally there is no avenue to sue others due to decisions you make yourself. That's effectively what is in place in NZ.

    This lowers the risk of a large payout significantly, therefore any insurance premium needed is much reduced, if needed at all.


  • Registered Users Posts: 4,076 ✭✭✭gman2k


    There was a case this week with a lady who had taken a case after slipping on ice in a carpark.
    I have sympathy for her, but come on, every human knows that ice is slippy. Where is personal responsibility?
    Ok, she lost the case, but did not have defendant costs awarded against her.
    Why do we have to shoulder this cost? She gambled in taking the case!
    It's the legal profession who are laughing all the way to the bank as they cannot lose.
    No doubt that in cases like these claimants are told by legal advisors that they will have a strong case and are encouraged to go forward.
    The way this country is going there will be no outdoor activities available in 12 months time.


  • Registered Users Posts: 936 ✭✭✭fatbhoy


    I guess it's only a matter of time until The GAP goes too, unless something changes. This sucks. :mad:


  • Moderators, Sports Moderators Posts: 10,257 Mod ✭✭✭✭Borderfox


    Very true, if people didn't claim then there wouldn't be awards and the insurance wouldn't go up.


  • Registered Users Posts: 1,303 ✭✭✭CardinalJ


    gman2k wrote:
    There was a case this week with a lady who had taken a case after slipping on ice in a carpark. I have sympathy for her, but come on, every human knows that ice is slippy. Where is personal responsibility? Ok, she lost the case, but did not have defendant costs awarded against her. Why do we have to shoulder this cost? She gambled in taking the case! It's the legal profession who are laughing all the way to the bank as they cannot lose. No doubt that in cases like these claimants are told by legal advisors that they will have a strong case and are encouraged to go forward. The way this country is going there will be no outdoor activities available in 12 months time.

    It was even worse. She did have the costs awarded against her, but the judge said in open court that he hoped the insurers wouldnt pursue her.

    I work for an insurer. We recently won a claim that ran for 3 days in the high court. I cant give any specifics but the claim was ridiculous. We were awarded our costs, but the claimant will never be in a position to pay 10,000s unless we were to try and take her family home. That would be almost impossible to do.

    Between judges not wanting to award costs and Insurers not being able to recover their own costs, its killing business in Ireland.

    The entire system needs a hard reset.


  • Registered Users Posts: 7,040 ✭✭✭prunudo


    fatbhoy wrote: »
    I guess it's only a matter of time until The GAP goes too, unless something changes. This sucks. :mad:

    I'd say there's plenty of businesses getting worried coming up to their renewal dates.


  • Registered Users Posts: 7,040 ✭✭✭prunudo


    This is all ifs and buts and not intended to start rumours. But say God forbid BPI can't get cover and the Gap don't get renewed, that really is a sorry state for any business that involves any activity out of the ordinary. Basically any business idea that is in any way deemed to be risky will be doomed to failure before if it ever gets off the ground. As the OP said, the government introduce a sugar tax to reduce obesity yet do nothing to help businesses that are encouraging people to be active and out in the fresh air.
    After reading about the adventure and rafting places closing in Meath, even the likes of Tayto Park must be at risk too. The more I think about it, the amount of places that could be effected, it's a scary thought.


  • Registered Users Posts: 380 ✭✭covey123


    So, and I mean this in a positive way, other than the New Zealand approach, what are the possible solutions?


  • Registered Users Posts: 380 ✭✭covey123


    Just had a thought, hope guys in Kerry manage to get their trails up and running without being impeded before they even start


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  • Registered Users Posts: 4,160 ✭✭✭Top Dog




  • Registered Users Posts: 7,409 ✭✭✭Icyseanfitz


    Is there any waiver or way for a person to accept all personal liability at a location or activity in this country?


  • Registered Users Posts: 7,040 ✭✭✭prunudo


    I wonder is it the trails they have issue with or something else like the uplift set up. It might also be a push from the insurance companies to push people to get individual insurance. So you'd have to produce your own insurance or something like maybe a cycling ireland member before you can take part in the activity.


  • Moderators, Sports Moderators Posts: 10,257 Mod ✭✭✭✭Borderfox


    Is there any waiver or way for a person to accept all personal liability at a location or activity in this country?

    You can get people to sign any piece of paper accepting liability but it does nothing when it gets to court, once you enter a premises the owner has a duty of care to patrons.





    As said above maybe if your cycling Ireland membership is shown that might mitigate liability, when I was working as a photographer I had to show proof of insurance before being let onto certain premises


  • Registered Users Posts: 2,266 ✭✭✭Melodeon


    I was involved in off-road motorsport for a good while and we had a professionally created and approved participant disclaimer, in that our club's legal representative, the club's insurance provider, and the land owner's insurance/legal people all approved it and deemed it acceptable.
    However, they ALL stressed that it is impossible under Irish law for a person to sign away their rights, and no matter what they signed or agreed to, the option to pursue for damages was always available to them.
    Participant disclaimers are something like pre-nuptial agreements, in that they hold no legal weight in and of themselves, but they MAY be taken into consideration when deciding the payment in the event of a successful claim.


  • Registered Users Posts: 2,598 ✭✭✭rizzodun


    Melodeon wrote: »
    I was involved in off-road motorsport for a good while and we had a professionally created and approved participant disclaimer, in that our club's legal representative, the club's insurance provider, and the land owner's insurance/legal people all approved it and deemed it acceptable.
    However, they ALL stressed that it is impossible under Irish law for a person to sign away their rights, and no matter what they signed or agreed to, the option to pursue for damages was always available to them.
    Participant disclaimers are something like pre-nuptial agreements, in that they hold no legal weight in and of themselves, but they MAY be taken into consideration when deciding the payment in the event of a successful claim.

    This.

    This is why the law needs to change to put responsibility back on the person themselves.

    Ireland on a national level is modelling itself as an outdoor and adventure tourism destination, but the law is completely contrary to that, so much so that BPI is only one of many companies at risk of going under because of the current insurance situation.


  • Posts: 0 [Deleted User]


    rizzodun wrote: »
    Ireland on a national level is modelling itself as an outdoor and adventure tourism destination[\b], but the law is completely contrary to that

    Impossible not to get a few scrapes and scratches over the course of a dozen of these escapades.


  • Registered Users Posts: 1,210 ✭✭✭nelly17


    fatbhoy wrote: »
    I guess it's only a matter of time until The GAP goes too, unless something changes. This sucks. :mad:
    I really hope not I had a pretty bad fall up there I broke my collar bone and 2 ribs I was really well looked after they could not be helpful enough, they called me at least 3 times to check up on me after. Good people.


  • Registered Users Posts: 28,805 ✭✭✭✭Wanderer78


    Any update?


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  • Registered Users Posts: 97 ✭✭Good jib!


    Nothing on the website or FB.

    How come they were only closed for the weekend? They hardly sorted out any insurance problems over the weekend. Or was it something else?


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